It happens every day in Atlanta. Ordinary people like you driving ordinary cars join the throng of huge tractor-trailer trucks hurtling down the highways at breakneck speed. Nobody has to tell you that big trucks can demolish passenger vehicles and the people in them in a heartbeat. What you really need to know is; what should you do, and who can help, when such an accident devastates you and your family?
If you have lived the nightmare of a car/truck collision, you may still be experiencing the life-altering trauma that comes with accidents between commercial trucks and the vehicles most of us drive. You may be wondering how to you and your family can pay for the expensive medical care, the lost pay and the pain and suffering that goes along with a devastating crash between your car and a semi-truck or other commercial vehicle. Our Truck Accident Lawyers are here to help.
The personal injury attorneys at Millar and Mixon specialize in taking on large trucking companies. We know how to keep these giants from running over the victims a second time in the courtroom. Trucking companies are usually represented by law firms who do nothing but defend negligent truck drivers and their employers every day. To them, delivering the load means more than the innocent others who are forever injured in the process.
We think the safety of ordinary people in their ordinary cars is far more important that. We stand ready to fight for you – we bring justice to the victims of truck accidents.
The Trucking Company has a Legal team –Here’s How We Will be YOUR Legal Team
When a major trucking accident happens, the Trucking Company is certain to spring into action, hiring its own team of investigators and lawyers – often the same day that the wreck occurs. Millar & Mixon Injury Lawyers have over 25 years of experience of taking on trucking companies. Our experience is important because we know the tactics Trucking Companies use to defend negligent truck drivers and what evidence must be swiftly gathered to win your case. Connecting with our law firm is your first step to leveling the playing field and holding trucking companies and their drivers accountable. We have the resources and the experienced attorneys, investigators, paralegals and accident reconstruction experts needed to launch an immediate investigation of our own, to preserve the evidence and protect your legal rights.
When you request for a free consultation with our law firm, our lawyers get to know you and the details of your case. Our law firm will give you a clear explanation of how we will investigate the truck driver and the trucking company, and how your claim will be handled. We will answer your questions about medical care, lost pay, pain and suffering and the overall value of your case.
Frequently Asked Questions About Truck Accident Cases
Who do truck company’s hire to defend their case?
Trucking companies hire defense lawyers who specialize in defending trucking cases. Their job is to minimize the damage (the value of the case or size of the verdict) by presenting the truck driver and trucking company in the best light possible and blaming you, the victim, if possible. Because truck defense lawyers are often specialists, it is important that the victim’s attorney is very familiar with trucking litigation and prepared to handle what is often a large, complex and time consuming case.
Does the payout from the truck company to the injured driver come from the profits of the truck company?
Unfortunately, the root cause of many trucking accidents is directly related to a trucking company attempting to maximize profits by having its drivers on the road for long hours, tying the driver’s pay to making a delivery as quickly as possible, or skimping on maintenance. A large part of our investigation of your trucking case may focus on the safety practices of the Trucking Company and whether the company’s policies are a cause of the trucking crash.
Important Legal Concepts for Georgia Trucking Cases
Length of Truck Accident Cases
How long will my truck accident case take? In our office we are often asked this question. While a truck accident case does not necessarily have to take longer than a typical car accident case, we often advise our clients that it is best to file suit and conduct discovery instead of taking the first pre-suit offer made by the trucking company or its insurance carrier. This is because the lawsuit discovery process allows experienced attorneys to obtain the trucking company’s important internal documents such as the tractor-trailer driver’s qualification file, personnel records, hours of service logs, and the company’s safety practices.
Depositions of the driver and company officials are usually advisable before serious settlement discussions can take place, as the deposition process often reveals serious problems with the company’s hiring, training, maintenance and safety policies. The typical length of time that a trucking lawsuit takes from the time of filing to the time of trial is usually one to two years, but each case is different and the time period can be longer or shorter.
Differences Between Car Accident Cases and Commercial Truck Cases
Some of the primary differences between trucking cases and typical car accident cases is the size and danger posed by heavy trucks on the road and the Federal Motor Carrier Safety Regulations FMCSR. To successfully handle tractor-trailer accidents and other trucking cases an attorney must be familiar with and study the Federal Motor Carrier Safety Regulations, as those regulations contain many of the rules of the road for truck drivers and commercial trucking companies. A trucker or company that operates a commercial vehicle in interstate commerce must comply with the FMCSR for vehicles with a gross vehicle weight rating or gross combination rating of 10,001 or more pounds, vehicles designed or used to transport 9 to 15 passengers including the driver for pay; vehicles designed or used to transport 16 or more passengers; or any vehicle used to transport hazardous materials under the Hazardous Materials Transportation Act, 49 U.S.C. 5101.
Investigation and successful litigation against truck drivers and tucking companies requires an attorney and his or her team of experts to scrutinize and discover any violations of the FMCSR, because the presence or lack of such violations may be the key to winning or losing the case or between a large or a small trial verdict. More information about the FMCSR can be found at www.fmcsa.dot.gov.
Statistics about Tractor Trailers and Accidents
As the federal statistics below show, unsafe tractor trailers and unsafe truck drivers are far too common on our nation’s highways.
- 1,105,149 – Total number of driver violations cited during truck roadside inspections in 2014.
- 194,074 – Total number of violations requiring driver be taken off the road for a period of time.
- 20,507 – Number of drivers pulled off the road in 2014 and cited for driving beyond the 14-hour duty period.
- 198,673 – Number of violations issued to trucks during roadside inspections in 2014 for brakes out of adjustment.
- 183,057 – Number of trucks issued violations in 2014 for running on worn tires without enough tread depth.
- 16,956 – Number of violations issued for truck drivers operating a commercial motor vehicle without a commercial driver’s license.
- 389,000 – Estimated number of total crashes involving a large truck or bus in 2013.
Source: 2015 Pocket Guide to Large Truck and Bus Statistics, Federal Motor Carrier Safety Administration.
In addition, if the failure of the truck or its parts, systems or components contributes to a wreck, the manufacturer(s) or distributor(s) may be liable for the faulty design or manufacture of the product that failed.
In a few cases, road conditions – such as road construction or work zones, faulty maintenance or faulty design – contribute to truck accidents. In these instances, a local government or a contractor, or both, may have some liability for the injured party’s losses.
We often call upon accident reconstruction experts to assist in our investigations of truck accidents and to help us determine how the accident occurred. Once we have compiled all of the available facts of your accident and the evidence to support them, we explore all options in seeking compensation for the harm you have suffered.
Getting Help From Our Georgia Truck Accident Attorneys Today
If you or a loved one has been injured in a commercial truck accident, contact Millar & Mixon, LLC today so we can begin to investigate your tractor-trailer or 18-wheeler accident case as soon as possible. When necessary we will bring in qualified experts to assist in proving your case and work with your medical professionals to help with your recovery.
We may be able to obtain compensation to assist you with medical bills, lost income, pain and suffering and your other losses.
Call Millar & Mixon, LLC today at 404-620-4301 or fill out our online contact form for a free evaluation of your case. If we can help you, we will do so on a contingency-fee basis. This means that if we do not recover compensation for you, you will not be charged legal fees.